Apple sued for slowing down older model iPhones with new iOS

Apple Inc

Plaintiff brings this class action on behalf of himself and all others similarly situated who purchased or otherwise owned an iPhone 6 smartphone or other older model iPhone manufactured and sold by Apple. Plaintiff and other iPhone owners began experiencing significant slowdown and performance issues with their phones when Apple updated the operating software of the phones to iOS 10.2.1 earlier this year. Apple represented to the public that iOS 10.2.1 and subsequent iOS updates were fully compatible with, and intended for use in, iPhone 6 and other older iPhone models. Plaintiff and the other Class Members were effectively compelled to update their iPhones to iOS 10.2.1 because Apple claimed the update provided “bug fixes and improves the security” of their phones.

As alleged, after updating to iOS 10.2.1, Plaintiff and others similarly situated, without any warning or notice, were left with phones that operated in a sluggish manner and failed to perform at the normal, expected standard prior to the update. Indeed, after the iOS update, iPhone owners experienced problems and delays using mobile applications, or “Apps,” on their phones, slowdowns in downloading data, battery drain, Wi-Fi and internet connectivity issues, and inadvertent shutdowns, among other concerns. Plaintiff and the other Class Members have therefore been harmed because they were forced to update their iPhones with operating software that degraded the performance and functionality of their phones, leaving them with phones that were significantly impaired in value.

On December 20, 2017, Apple confirmed that the iOS 10.2.1 update was responsible for slowing down and hindering the performance of the iPhone 6 and other older model iPhones. Apple claims the batteries used in iPhone 6 models were prone to causing unexpected shutdowns, and that the iOS 10.2.1 update was intended to prevent such shutdowns. To address the battery issues purportedly affecting iPhone 6 models, Apple used the iOS 10.2.1 update to “throttle,” or slow down, the processor speeds of those phones. Thus, as part of this purported “fix,” Apple intentionally caused the slowdown and impairment of its iPhone 6 and older model iPhones, to the detriment of Plaintiff and other Class Members.

Apple did not disclose to the public at the time of the iOS 10.2.1 update that it would be throttling the processor speeds of the iPhone 6 and other older model iPhones. Nor did Apple disclose at the time of the iOS update that there were any issues surrounding the batteries in those iPhones.

According to the complaint, a simple and easy fix of the purported shutdown problem would have been to provide notice to iPhone users and offer to replace the batteries in the iPhone 6 and other older-model phones. Apple, however, has never offered its customers the option of replacing the batteries in those phones. As a result, owners of the iPhone 6 and other older iPhone models have been stuck with inferior, poorly-performing phones, or worse yet, feel compelled to spend hundreds of dollars more to upgrade a newer model iPhone.

Complaint


Kevin L. said
194 days ago
I would like to join the class action lawsuit against Apple for intentionally forcing me to upgrade to a new iPhone due to my prior iPhone being slow down from the iOS upgrade. I currently have and still use for my family the iPhone 7 iPhone 6 Plus iPhone 6 s. Im claiming the reimbursement due to apples actions causing me personal damages


Debbie V. said
179 days ago
Same Issues as above.....iPhone has be Junk from day 1


Debbie V. said
179 days ago
Same Issues as above.....iPhone has be Junk from day 1


TERESA M. said
176 days ago
Iphone junk from the time of purchase. I have the same issues.


TERESA M. said
176 days ago
Iphone junk from the time of purchase. I have the same issues.


Shammanika R. said
176 days ago
I purchased two iPhone 6-16gb cellular phones and they both pretty much would come to a stand still as far as operating and utilizing the phone


Teresa G. said
167 days ago
My iPhone 4 continually has battery issues and turned on and off by itself. Frustrated with Apple phones


Rebecca T. said
163 days ago
My phone is crap now


Karen H. said
158 days ago
Same issue


Virginia F. said
157 days ago
me too


Rashawn L. said
146 days ago
I Have the same issue


Lewis P. said
140 days ago
Same problem


Maria P. said
138 days ago
Me and my daughter both have the I Phone 6. We have been having slow down problems, the screen locking up or going blank. Also sometimes she can’t use her camera. She said it don’t work and needs to upgrade due to the slowdowns.


Suzanne C. said
124 days ago
Im having issue with my iPhone 6 my phone is crap since then


Edward P. said
122 days ago
I would like to be wdded to this lawsuit against awpple as I too was forced to purchase new phones after the ‘upgrade’.


Katherine R. said
121 days ago
I would like to be added to this due to the same issue. We took upgrade on 4 of our iPhone 6 unaware it would cause them to run poorly. We were advised by a local retailer we were not alone but were eligible for upgrades on our service plan. Reluctantly we agreed purchasing the 8. We would have never upgraded if not for experiencing issues that were non efficient for work and performance of our 6’s.


Marianne T. said
102 days ago
My family & I are experiencing the same issues as listed on iPhone 6 Plus (2) and iPhone 6s Plus & just upgraded to iPhone X.


Arthur F. said
70 days ago
I have an IPhone 6plus and it's slow. My messages will take forever to go through. Also the screen locks up.

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